Lawyer
Hello. I have an issue at work and I need an...
Hello. I have an issue at work and I need an answer to it. Is it possible to ask?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am located in Umm Al Quwain.
Lawyer's Assistant: Has anything been filed or reported?
I have not filled in any form.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I need to know about my privileges if I am leaving my work place to join MOE as a teacher. My current school urges me to work this month for free, as I could not provide them with a two month notice period but just one. Knowing that according to my contract I am still on my probation period(6 months). Is that legal?
إطرح سؤالك
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that termination of the employment contract during the probationary period is the right of the employer and not of the worker, and if the worker leaves the work before the expiry of the contract period, he shall be liable to compensate the employer for the loss he suffered as a result of the termination of the contract, provided that the amount of compensation shall not exceed half a month's wage for three months or the remaining period of the contract, whichever is shorter. And all that unless there is a provision in the contract to provide otherwise
الرد من العميل
Thanks for your reply. If my salary is 12000 DHs(basic is 2000) and I could give my employer a one month notice period instead of two as per the joining date of the ministry in the sent final contract did not give me the chance to stay for more two months. What should I be paying or being paid. My contract is an unlimited one. Moreover, I am moving to a public sector (MOE) and not a private one.
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.